Posts filed under 'Pardons and Clemencies'

The French spy Florence Hensey was due to die at Tyburn on this date in 1758. As it happened, the only violence done there was to the spectators.

A well-traveled Irish Catholic, Hensey had a prosperous London medical practice when he made an offer to a former colleague in France to share intelligence on war preparations at the outset of the England-vs.-France Seven Years’ War (1756-1763).

Upon being accepted into the ranks of salaried moles, Hensey set his industry to forming acquaintances at establishments where parliamentarians and their clerks met and gossiped, transmitting the resulting nuggets to France by way of Germany in lemon juice ink concealed within letters bearing nothing but everyday pleasantries. Eventually clerks suspicious at the volume of such superficially trivial exchanges being imposed upon the international post got nosy and found out the real story.

Hensey’s treachery was obvious, ongoing, and in the midst of wartime. He should have died for it, but on that very morning he was spared that miserable fate. The Newgate calendar professes “much surprise at the extension of royal mercy” considering numerous other precedents to the contrary.

De la Motte, the particulars of whose case we shall hereafter give, was “hanged, drawn, and quartered,” for the same kind of offence which Hensey committed; and in still more recent times, numbers have suffered death for similar treason; and yet we have to observe, without finding any especial reason for it, that Doctor Hensey was pardoned. If granted from political motives, it must have been in fear of Spain; an unworthy impulse of the ministers of a far greater and more powerful nation.

Indeed, the Spanish connection appears to be the best explanation for Hensey’s unexpected reprieve: he had a brother in the retinue of a Spanish ambassador who was able to exercise his empire’s diplomatic channels in the doctor’s service. (Spain was on the sidelines at this moment, and Britain keen to keep her there; the Spanish finally joined the war on France’s side very late in the game, in 1762.)

This gambit, however, came as quite a nasty surprise to the ample and bloodthirsty crowd that had turned up at Tyburn.

The awful procession to Tyburn, intended to impress the multitude with sentiments of reverence for the laws of their country, produced a very contrary effect; and the eager and detestable curiosity of the populace, to witness executions, became a source of considerable emolument to certain miscreants, who were in the habit of erecting scaffolds for spectators; many of these scaffolds were substantial wooden buildings, and erected at every point from whence a glimpse of the execution could be obtained; the prices for seats varied according to the turpitude or quality of the criminal: — Dr. Hensey was to have been executed for High Treason in 1758, the prices of seats for that exhibition amounted to 2s. and 2s. 6d.; but, in the midst of general expectation, the Doctor was most provokingly reprieved.

As the mob descended from their stations with unwilling steps, it occurred to them, that, as they had been deprived of the intended entertainment, the proprietors of the seats ought to return the admission-money; which they demanded in terms vociferous, and with blows offensive, and in short, exercised their happy talent for rioting with unbounded success. On this occasion a vast number of these erections were destroyed.

Hensey spent a couple more years in Newgate, then was released into obscurity; presumably he left the realm to his brother’s custody.

Little is known about the prosecution of treason during the first fifteen years of Charles VII‘s reign. A few minor cases only came before the Parlement of Poitiers. Struggling to consolidate his position against the Anglo-Burgundians, Charles VII appears to have tacitly approved of, even to have subtly encouraged, court intrigues. But when political machinations went beyond certain limits, as was the case with Louis d’Amboise, vicomte of Thouars, Andre de Beaumont, baron of La Haye, and Antoine de Vivonne, Charles VII did not hesitate to act with the full authority at his disposal. During the winter of 1429-30 Amboise, Beaumont and Vivonne plotted not only to seize Georges de La Tremoille, the most powerful lord at court, and to kill him if necessary, but also to take the king into custody. Amboise was one of Artur de Richemont‘s staunchest allies, and one does not have to look very hard to see the hand of the constable, then fallen from grace, in this conspiracy to take control of the government. Amboise, Beaumont and Vivonne were arrested in mid-November 1430, but it seems that not all the details of their treason were known to the king at that time. When Charles VII decided to take Amboise with him from Loches to Saint-Aignan, Amboise managed to send word to his intimates and advised them to ambush the royal party in order to free him. It was the king’s discovery of this communication that sealed Amboise’s fate. He, Vivonne and Beaumont were subsequently imprisoned at Poitiers. Charles VII then commissioned the presidents and lay councillors of the Parlement there, along with several members of the grand conseil, to conduct their trial. On the advice of his commissioners Charles VII himself then condemned the three traitors to death, with confiscation of their property. This procedure was a compromise between the king’s personal act of justice and condemnation by a court, and was to be a regular feature of the prosecution of treason in the reigns of Charles VII and Louis XI. On 31 May 1431 Beaumont and Vivonne were executed, but Charles VII commuted Amboise’s death sentence to a term of imprisonment ‘at our good pleasure'; and Amboise’s children were spared the penalty of complete disinheritance that would ordinarily have ensued. In not having Amboise executed Charles VII demonstrated for the first time the clemency towards members of the higher nobility that was a distinct characteristic of his rule. In 1434, at the intercession of Yolande d’Aragon and Charles d’Anjou — La Tremoille had since fallen from power and the Angevins were now in the ascendants at court — Charles VII released Amboise from prison and restored to him all of his property except for the castellanies of Chaumont, Chateau-Gontier and Amboise.

The plaque is rather unassuming, its simple polished brass declaring: “The Alferd Packer Memorial Grill — In Memory of Stan Weston 1931-1984.” Weston was the public affairs officer at the U.S. Department of Agriculture, who came up with a 1977 contest to name the USDA’s new cafeteria. But hold that thought for now.

Packer was born in Pennsylvania in 1842. He made his way west and joined the Union Army in Minnesota, then ambled on into the Rockies as a pioneer after the Civil War. In a particularly stunning feat of incompetence, he and five others separated from a larger expedition and tried to make it across a mountain pass in January 1874. Three months later, Packer arrived on the other side, declaring that he got separated from the other five.

But Packer had taken money and effects from them, which made the remaining members of his expedition more than a little suspicious. Caught out in a lie, Packer confessed to a carnivorous progress through his comrades: Israel Swan froze to death, and he was eaten; James Humphreys died a few days later, and he was eaten; then Frank Miller was likely murdered and eaten; and George “California” Noon fell to the pistol of Wilson Bell. With Bell armed and dangerous, Packer claims to have killed him and taken a bit of a snack for the road.*

Packer was arrested shortly after his return, but he slipped his bonds and escaped to Wyoming. There the law finally caught up to him. He was returned to Colorado, where a judge sentenced the cannibal to death.

The hanging was not to be. Packer appealed the conviction, which was ultimately overturned by the Colorado Supreme Court; on retrial he was remanded for a 40-year prison sentence instead. He was paroled in 1901, took a job as a guard at the Denver Post (who had, incidentally, helped him make parole), and died in 1907.

Back to the memorial grill.

Why would the USDA honor such an odd historical figure? Politics.

In 1977, newly appointed Secretary of Agriculture Bob Bergland had a beef with the General Service Administration, which refused to terminate the Nixon-era contract award for cafeteria services and food. Bergland’s response? Let the disgruntled employees name** and shame. The USDA cafeteria became the Packer Memorial Grill,† and Bergland paraded the press through the facility, taking every opportunity to point out just how similar he felt the food was to the diet of the honoree.

The contract was rescinded later in 1977. The plaque, meanwhile, was taken off the wall just a week after its installation. Initially, the GSA claimed it was not approved prior to installation, but it turns out the building manager, a GSA employee named Melvin Schick, simply found the name distasteful.

All of which begs the question of how it ended up gracing the National Press Club’s bar, emblazoned with Stan Weston’s name. The answer probably lies in Wesley McCune, founding member of the “Friends of Alferd Packer” and member of the National Press Club. Schick returned the plaque to Weston after the goings-on at the USDA cafeteria, and Weston hung it in his office. McCune’s group met most Aprils to hold an Alferd Packer dinner at the National Press Club. Stanley D Weston died in July of 1984, and while it’s unclear when the plaque went up, by 1989, this unusual object had a permanent home.

On this date in 1916, Thomas Kent was shot in Cork, Ireland — the only person executed that May for the Easter Rising outside of Dublin.*

The Kents were were prominent nationalists of several generations’ standing in County Cork and were all set to join the Easter Rising until the last-minute countermanding order went out.

When the Rising happened anyway in Dublin — a day later and numerically much smaller than originally intended — the constabulary was preventively dispatched throughout the island to arrest known fellow-travelers … like the Kents.

The constabulary’s attempted raid on the Kent property May 2 met armed resistance that became an hours-long siege; Constable William Rowe was shot dead, as was Richard Kent.

The surviving Kent brothers, William and David,** along with our man Thomas, were all tried for affair: William was acquitted, David condemned but the sentenced commuted, and only Thomas actually executed.

Cork’s main railway station was in 1966 re-christened Kent Station in his honor.

* In August of that year, Roger Casement hanged in London for treason in connection with the Easter Rising. Casement had not taken any direct part in the fighting, but had worked to arrange the (attempted) support of Britain’s wartime enemy, Germany.

Markievicz has long been one of the most remarkable and compelling personalities of the Irish independence struggle. As her biographer noted, many other women of that cause are best-known “mainly because of their connection with more famous men.” Markievicz, notably, “stood alone, self-driven and self-confident. She was more than a muse or an enabler or a facilitator, the preferred roles for women to play.”

She was the privileged daughter of a baronet turned polar explorer who came to her distinctive name by marrying a Polish nobleman.** In her girlhood, she’d been presented at court to Queen Victoria.

She trained as a painter and her material circumstances put within her reach that charmed state of comfortable avant-garde consciousness. The Countess gave that up, for Ireland. The abhorrence of the daughter of the Provost of Trinity College Dublin is perhaps her most definitive epitaph: “the one woman amongst them [Irish republicans] of high birth and therefore the most depraved … she took to politics and left our class.”

By the late 1900s and into the 1910s she was a mainstay of hydra-headed radicalism: nationalist, suffragist, socialist. (She was a close friend and comrade of James Connolly.) In those years she could have spent in a pleasant Left Bank garret, she walked picket lines, burned flags, faced arrest, and sold jewelry to fund the soup kitchen she worked in.†

Markievicz co-founded the Fianna Eireann youth organization as a response to Baden-Powell‘s imperial scouting project. It would become an essential feeder for the republican organs (like the Irish Volunteers); Fianna itself was also well-represented among the Easter Rising fighters, and contributed that conflagration’s youngest martyr.

Bust of Constance Markievicz on St. Stephen’s Green, where she served in the Easter Rising.

But for her sex Markievicz would probably have been among the martyrs herself for her role on the St. Stephen’s Green barricade, and perhaps she wished it were so; she greeted the news of her May 6 commutation with the retort, “I do wish your lot had the decency to shoot me.” She’s been slated with having personally shot a constable during the Rising, although her defenders consider this a baseless smear.

While again in prison — she’d been amnestied from the Easter Rising stuff, but was arrested anew for anti-war activism — Markievicz successfully stood for election to Parliament, and in fact has the distinction of being the first woman elected a British M.P. … although she complied with Sinn Fein policy and refused to take the seat. She was also a member of the First Dail (parliament) of the revolutionary Irish Republic and was the first Irish female cabinet minister (Ministry of Labour).

Constance Markievicz died in 1927 at the age of 59, penniless in a public ward having disbursed the entirety of her wealth. A quarter-million of her fellow peoples of the Irish Free State thronged the streets of Dublin for her funeral.

* The other commutations (with their associated non-capital sentences) as published by the London Times of May 8, 1916:

** It turned out that although Casimir Markievicz went by “Count Markievicz” there wasn’t actually any such title. But “Count” and “Countess” stuck nevertheless.

† She does perhaps forfeit some wokeness points for complaining of her post-Easter Rising imprisonment at Aylesbury that she was lodged with “the dregs of the population … no one to speak to except prostitutes who have been convicted for murder or violence. The atmosphere is the conversation of the brothel.”

On the 5th of April towards evening, they [Wehe and some other captives] were taken to a flowery meadow lying between Leipheim and Budesheim to be executed. As Master Jakob was led forward to the block, Truchsess turned to him with the words: “Sir paster, it had been well for thee and us hadst thou preached God’s word, as it beseemeth, and not rebellion.” “Noble sir,” answered the preacher, “ye do me wrong. I have not preached rebellion, but God’s word.” “I am otherwise informed,” observed Truchsess, as his chaplain stepped forward to receive the confession of the condemned man. Wehe turned to those around, stating that he had already confessed to his Maker and commended his soul to Him. To his fellow-sufferers he observed: “Be of good cheer, brethren, we shall yet meet each other to-day in Paradise, for when our eyes seem to close, they are really first opening.” After having prayed aloud, concluding with the words: “Father, forgive them, for they know not what they do,” he laid himself on the block, and in another moment his head fell in the long grass.

The preacher of Günzburg, who had also taken part in the movement, and an old soldier of fortune, who had joined the rebels, were brought forward in their turn to submit to the same fate, when the old soldier, turning to Truchsess, observed: “Doth it not seem to thee a little late in the day, noble lord, for one to lose one’s head?” This humorous observation saved the lives of himself and the preacher. The latter was carried about with the troops in a cage, until he had bought his freedom with eighty gulden. He lost, however, the right of preaching and of riding on horseback!

South Korea’s dictator reluctantly commuted the death sentence of democracy activist Kim Dae-jung on January 24, 1981 … a gesture that would eventually enabled Kim to return the same favor to the dictator.

A farmer’s son who became a wealthy businessman and a charismatic orator, the Catholic Kim had been a fixture of the political opposition since the 1960s which was a dangerous profession. In his address accepting the Nobel Peace Prize for 2000, Kim reflected that

five times I faced near death at the hands of dictators. Six years I spent in prison, and 40 years I lived under house arrest or in exile and under constant surveillance. I could not have endured the hardship without the support of my people and the encouragement of fellow democrats around the world. The strength also came from deep personal beliefs.

I have lived, and continue to live, in the belief that God is always with me. I know this from experience. In August of 1973, while exiled in Japan, I was kidnapped from my hotel room in Tokyo by intelligence agents of the then military government of South Korea. The news of the incident startled the world. The agents took me to their boat at anchor along the seashore. They tied me up, blinded me and stuffed my mouth. Just when they were about to throw me overboard, Jesus Christ appeared before me with such clarity. I clung to him and begged him to save me. At that very moment, an airplane came down from the sky to rescue me from the moment of death.

The U.S. Carter administration, and (from November of 1980) the transition team for the incoming Reagan administration, worked strenuously behind the scenes to effect a commutation;* hanging Kim, Reagan foreign policy advisor Richard Allen warned a Korean intelligence delegation, “would be like a bolt of lightning out of the heavens that will strike you.”

The dictator Chun Doo-hwan eventually traded Kim’s life — he’d be sent into exile in the United States under the pretext of going abroad for medical treatment — for an official visit in the first weeks of the incoming president. Reasoning that

Kim’s execution would inflict long-term damage on Chun’s rule, which by this time had stabilized … On January 24, 1981, Chun commuted Kim’s death sentence to life imprisonment and lifted martial law. On February 3, Reagan warmly welcomed Chun to the White House for a summit meeting. He was the second foreign head of state Reagan met after his inauguration. This meeting was important in enhancing the legitimacy of Chun’s leadership both at home and abroad.

Kim returned to South Korea in 1985 as a closely-monitored opposition figure and re-entered politics, repeatedly seeking election to the presidency — which he finally won in 1997, earning not only executive power but the rare opportunity to repay Chun Doo-hwan’s bygone act of grace.

Earlier in 1997, Chun had been convicted by the post-dictatorship courts on a number of capital charges relating to his reign in the 1980s, and himself sentenced to die. President-elect Kim coordinated with his predecessor Kim Young-sam to have Chun’s sentence commuted during the transition.

“In all ages, in all places, he who lives a righteous life dedicated to his people and humanity may not be victorious, may meet a gruesome end in his lifetime, but will be triumphant and honored in history; he who wins by injustice may dominate the present day, but history will always judge him to be a shameful loser. There can be no exception.”

On Wednesday we had a very odd Accident happen’d upon Occasion of the ordinary Execution of Criminals; the Number to be hang’d was five, according to the Dead Warrant, but two of these had obtain’d a respite of Execution, the other three were put into the Cart and carry’d to the Place of Execution.

The Person they call the Finisher of the Law, alias the Hangman, and who, for the common Understanding inherits the Name of Jack Ketch, going before the Cart on Foot, in order to be ready at the Place, was arrested in Holborn by three Bayliffs or Officers, on a Sheriffs Warrant for Debts, and was carry’d away.

However, after some Time he got out of their Hands, but soon fell into worse Company; for the Mob got him into their Clutches, and whether he had given them Occasion or no, we know not, but no Pick-Pocket was ever used worse by them; for if all we hear is true, they left him with little Life in him.

In the mean Time the Prisoners came to the Place of Execution; but no Hangman could be found to do them the usual last Offices of Kindness. The Under-Sheriff, it is said, offered very generously to several Persons to officiate, but none could be found. Mr. Ordinary, we hear, might have had the Compliment, but did not think fit to say he would accept it if it had been offer’d.

One bold Fellow, being half inclin’d, his Comrade prompted him earnestly, Do Jack, says his Brother Tom, thou hast not earn’d a Penny in an honest Way a great While.

No, says Jack; da___e, not I, for I deserve it as much as any of them; but do you do it your self, Tom, you know it will be your Turn quickly, and Jack Ketch shall use you the better for it.

But in short, neither Jack nor Tom would do it, and the poor Wretches, tho’ they waited in the Cold a great While, were not willing to do it for themselves; and so the Sheriff’s Officers were fain to bring them back again to Newgate, where it is said they must lie till Jack Ketch recovers of his Suffocation in the Horse-Pond, and is in Condition for his honest Employment.

Four slaves allegedly concerned in Nat Turner‘s Virginia rebellion were hanged on this date in 1831.

Turner’s rising had spanned only a couple of days in August but would haunt Virginia and the South all the way to the Civil War. (At least.) And one of the first, frightening questions that white slaveowners had was — was the rebellion in Southampton County an isolated event, or was it part of a wider servile conspiracy that might augur a general insurrection? Would there be two, three, many Nat Turners? The Southampton Spartacus was himself pressed on this point before his execution; the published confessions of his interrogations note that “If Nat’s statements can be relied on, the insurrection in this county was entirely local, and his designs confided but to a few, and these in his immediate vicinity.”

Little but suspicion supported this proposition but the search was intense and in the time-honored investigative tradition eventually generated its own evidence, from the lips of “a negro girl of about 16 or 17 years of age” named Beck(y) when pressed by her mistress.

We can only guess at the particular circumstances inducing this young house slave to issue her denunciations,* but their substance was that she had heard the denizens of the slave quarters discussing the insurrection and planning to join it — not in Southampton County but in neighboring Sussex County. Slaveholders all knew that they dwelt in the shadow of a smoldering Vesuvius; if Becky’s claims were true, then the mountain was already spewing fire.

Beck a negro slave the property of Solomon D. Parker a witness for the Commonwealth says that at the last May meeting at the Raccoon Meeting House, she heard the prisoners Nicholas and Booker say that they would join the negroes to murder the white people and heard the prisoner Solomon say that he would join too for God damn the white people they had been reigning long enough. Captain Peters’ two negroes Boson and Frank were also present and Mr. Parker’s Bob who told her if she told the white people would shot her like a squirrel and would not bury her, and she has since been told the same thing by all the others. There were several other negroes present whom she did not know. The Saturday night before and the Monday night of the last Southampton election she heard conversations among the negroes about ? On both these nights she was called in by her mistress and slept in the house. On Friday night she went out and stayed so late that she was not permitted to go in.

Similar evidence also helped to condemn severalotheraccusedslaves, all of whom were slated to hang on September 23. On September 16, the Virginia governor noted in his diary, “I had a Council of State, transacted business and received the record of nine slaves condemned to be hanged by the Court of Sussex. One I have reprieved. No news from any other part of the State.” Several others were set instead for convict transportation out of Virginia Commonwealth, and two slaves died in a desperate jailbreak attempt.

Solomon, Booker and Nicholas all hanged on September 23, 1831, along with a fourth slave called Ned who had been accused not by Becky but by a different house slave named Lizzy.

* In Nat Turner Before the Bar of Judgment, Mary Kemp Davis calls Becky “nothing if not wily. Her incriminating testimony was a masterful ‘hidden polemic’ against anyone who would try to implicate her in the insurrection.”

This entry from a diarist in Idaho’s 1860s gold rush arrives to us courtesy of Steven Tanasoca and Susan Sudduth in the Oregon Historical Quarterly of summer 1978.

Sydney-born, our observer George Harding in 1856 joined the wave of Austrlian migration to gold-strike California with his widowed mother and three younger brothers. But the family (augmented by a stepfather and an adoptive son) soon drove on to the Oregon Territory. In 1862, 19-year-old George, his brother Bill, and their stepfather Charles Murray tried their luck in the Idaho mining boom: far from prospecting, Harding made his bread by painting, carpentry, and suchlike workaday labor in the Elk City camp.

Wednesday 10th [September] Clear and fine all day. We worked all day on the fashion Saloon. A man by the name of [James] McGuire was shot through the neck this afternoon by a man named Finnigan. A most horrid murder was commited [sic] this afternoon. He was stabbed in the neck twice, cutting the jugular vein in two. He died about half an hour after. At the time of the murder, he was lying in bed supposed to be asleep. They have arrested Finnigan. Have suspicion that he committed the crime. We had a very severe frost last night. Ice was a quarter of an inch thick in the shop.

Thursday 11th Clear and fine all day. We work[ed] all day painting for Captain Maltby. The town has been in a great excitement all day. The miners came into town this morning and organised a Vigilance Committee. Finnigan has been on trial all day. The jury returned a Verdict about 10 o’clock this evening that he was guilty of Willful Murder. A great number of the miners was for hanging him right away, but after a little consideration it was decided that he should be hung at eleven o’clock tomorrow morning. We had another very heavy frost last night.

Friday 12th Clear in the morning, but got dark and cloudy in the afternoon. We worked all day for Captain Maltby. The scaffold was erected this morning about eight hundred yards from Elk City on the West side. Finnigan was brought to the scaffold about eleven o’clock under a strong guard. He was reading the prayer book all the way to it. When he got on the scaffold, he confessed that he committed the crime and stated the reasons why he had done it. He said that some time back he and the deceased had a quarrel in which the deceased had attempted to take his life with a knife and would have done it had he not been stopped by outside parties.* He said that after this he had wanted some revenge. Also, the deceased had said that he would kill him the first chance he got. Finnigan warned all young men to take warning by him to keep from drinking and gambling as it was that that had brought him on the gallows now. Finnigan took a parting leave of all his friends. The Sherif [sic] then covered his face and tied his hands behind his back and put the rope around his neck. The trap was then let go, and to the astonishment of the spectators, Finnigan fell to the ground. By some means or other the knot came untied after giving Finnigan a heavy jerk. As soon as he could speak he cried out to save him, save him. Some of the people then cried out to let him live and he was then taken back to the town, which he left this afternoon. It commenced raining this evening.

* The bad blood between these men is fleshed out a bit more — along with a more cinematic version of the gallows escape — in An Illustrated History of North Idaho. This source not unreasonably suspects that a sympathetic hand among the execution party might have rigged the noose to “by some means or other” come undone.